INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR): PERTINENT PARTS OF JULY 29, 2004 REITERATION AND AMPLIFICATION OF PRECAUTIONARY MEASURES AND REQUEST FOR ADDITIONAL INFORMATION: (DETAINEES IN GUANTANAMO BAY, CUBA)

摘要

In the precautionary measures granted on March 12, 2002, which were subsequently maintained in communications dated July 23, 2002 and March 18, 2003, the Commission asked the United States to take the urgent measures necessary to have the legal status of the detainees at Guantanamo Bay determined by a competent tribunal. The Petitioners indicate in their most recent observations that none the individuals held by the United States at Guantanamo Bay have had an independent determination as to their legal status. In this respect, the Commission remains of the view that in the absence of a proper determination of the status of the detainees, it cannot be said that the State is effectively protecting the fundamental rights to which the detainees may be entitled, which may in no case fall below the minimum standards of non-derogable rights. Accordingly, the Commission wishes to take this opportunity to reiterate its request that the State take the urgent measures necessary to resolve the legal status of the Guantanamo Bay detainees.